Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, by written instrument, appoint a person to act as a director:
(a) during a vacancy in the office of the director (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the director:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .
(2) A person is not eligible for appointment to act as a director if the person's appointment would result in a contravention of a SIS fitness and propriety standard.
(3) In the case of an appointment under subsection ( 1), the Minister must consult the Defence Minister before appointing a person to act as a director.
(4) The Minister must consult the Board about the person whom the Minister proposes to appoint to act as the Chair.
(5) If:
(a) a director is appointed following a nomination made by the President of the Australian Council of Trade Unions; and
(b) a nomination is made by the President for a person to act in place of that director;
the Minister must:
(c) appoint the person who has been nominated to act as a director; and
(d) appoint the person for the period specified in the nomination.
(6) If:
(a) a director is appointed following a nomination made by the Chief of the Defence Force; and
(b) a nomination is made by the Chief for a person to act in place of that director;
the Minister must:
(c) appoint the person who has been nominated to act as a director; and
(d) appoint the person for the period specified in the nomination.